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26 March 2010
Issue: 7410 / Categories: Case law , Law digest
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Family

D v D [2010] EWHC 138 (Fam), [2010] All ER (D) 162 (Mar)

The “need principle” might have a large and informative and possibly determinative part to play in assessing a departure from equality, but an assessment applying the sharing principle in all the circumstances still had to be carried out. A departure from equality would generally not reduce an award below the amount of an award based on need.

When determining whether there should be a clean break, the points to be considered were: (a) the assessment of the risk that the lump sum or lump sums ordered could not be paid absent a sale of the shares or a liquidation of the company; (b) the assessment of the consequences of such a sale should that risk materialise; and (c) the assessment of the fairness of an award premised on a sale of the company at the present time. A true clean break based on a lump sum or two or more lump sums could not be achieved fairly, notwithstanding the advantages to both sides that would flow

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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

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From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

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Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

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Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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